WSR 16-15-077
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed July 19, 2016, 10:49 a.m.]
Subject of Possible Rule Making: Chapter 296-17A WAC, Classifications for Washington workers' compensation insurance, the department will consider reclassifying fraternities/sororities and tutoring services, as well as more clearly distinguishing between nursing homes and other residential care.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 51.16.035.
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Labor and industries is required by RCW 51.16.035 to establish and maintain a workers' compensation classification plan that classifies according to the degree of hazard and recognized insurance principles as described in WAC 296-17-31029. Department studies found:
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Fraternities and sororities do not share common risks and hazards with assisted living facilities and adult family homes (currently under WAC 296-17A-6509).
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Inconsistency in rating tutoring businesses (currently, no specific risk classification in WAC).
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Lack of clarity for distinguishing skilled nursing facilities from assisted living facilities (currently under WAC 296-17A-6108 and 296-17A-6509).
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other agency regulates the workers' compensation classification plan in the state of Washington.
Process for Developing New Rule: Agency study; this preproposal follows three classification studies. The studies recommended rule making to maintain the integrity of the classification plan. The department contacted employers who may be impacted by the rule making. The department will send additional notice if the department makes any proposals. Interested parties may participate by commenting before proposals are made, by testifying at the public hearing, or by providing written comment after the proposal is filed.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. Inquiries can be directed to Richard Bredeson, Classification Services, P.O. Box 44148, Olympia, WA 98504-4148, phone (360) 902-4985, fax (360) 902-4988, e-mail Richard.Bredeson@lni.wa.gov.
July 19, 2016
Joel Sacks
Director